10-12-1993 CCM.y
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 12, 1993
1. The meeting was called to order at 7:30 P.M. by Mayor Ackland.
The following were present: Mayor Paul L. Ackland, Councilmen
John Mlinar, Marlin Torgerson and Don Erickson. Absent: Coun-
cilman Craig Lenz. Also present: City Administrator Gary D.
Plotz, Director of Engineering John Rodeberg and City Attorney
G. Barry Anderson.
2. INVOCATION
The invocation was given by the Reverend Walter Marth.
3. CONSIDERATION OF MINUTES
The minutes of the regular meeting of September 28, 1993 and
bid opening of October 4, 1993 were approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - SEPTEMBER
2. HOSPITAL/NURSING HOME BOARD MINUTES OF AUGUST 17,
1993
3. PLANNING COMMISSION MINUTES OF SEPTEMBER 21, 1993
4. LIBRARY BOARD MINUTES OF SEPTEMBER 22, 1993
(b) APPLICATION FROM THOMAS CLABO FOR SNOW REMOVAL PERMIT
The motion to order the report and minutes filed and
issue permit was made by Councilman Torgerson, seconded
by Councilman Erickson and unanimously carried.
5. PUBLIC HEARING
None
6. COMMUNICATIONS, REQUESTS AND PETITIONS
None
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 10061 - RESOLUTION SETTING ELECTION,
LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR THE
CITY OF HUTCHINSON GENERAL ELECTION
CITY COUNCIL MINUTES - OCTOBER 12, 1993
The motion to waive reading and adopt Resolution No.
10061 was made by Councilman Erickson, seconded by Coun-
cilman Mlinar and unanimously carried.
(b) RESOLUTION NO. 10062 - A RESOLUTION ACCEPTING $162,500
FROM HUTCHINSON UTILITIES COMMISSION
The motion to waive reading and adopt Resolution No.
10062 was made by Councilman Mlinar, seconded by Coun-
cilman Torgerson and unanimously carried.
(c) ORDINANCE NO. 93-92 - AN ORDINANCE TO VACATE UTILITY
EASEMENTS IN WALNUT RIDGE ESTATES
The motion to waive second reading and adopt Ordinance
No. 93-92 was made by Councilman Torgerson, seconded by
Councilman Erickson and unanimously carried.
(d) ORDINANCE NO. 93-93 - AN ORDINANCE AMENDING ZONING
REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL
ZONING MAP
The motion to waive second reading and adopt Ordinance
No. 93-93 was made by Councilman Erickson, seconded by
Councilman Mlinar and unanimously carried.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH
RUST ENVIRONMENT AND INFRASTRUCTURE FOR BIOSOLIDS
MANAGEMENT FACILITIES PLAN AMENDMENT (SLUDGE)
(DEFERRED SEPTEMBER 28, 1993)
Director Randy DeVries commented on the contract with
RUST and the need for the City to be in compliance by
February 1994.
Following discussion, the motion to approve and enter
into contract with RUST was made by Councilman Erickson,
seconded by Councilman Torgerson and unanimously carried.
(b) CONSIDERATION OF CONSULTANT AGREEMENT FOR PHASE II
AIRPORT EXPANSION (DEFERRED SEPTEMBER 28, 1993)
Engineer Rodeberg discussed the consultant agreement and
recommended considering the project in the 1994 budget.
The motion to defer until a future Council meeting after
the 1994 budget had been prepared was made by Councilman
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CITY COUNCIL MINUTES - OCTOBER 12, 1993
Torgerson, seconded by Councilman Mlinar and unanimously
carried.
(c) CONSIDERATION OF APPROVING SUBDIVISION AGREEMENT FOR
SANTELMAN'S THIRD ADDITION (DEFERRED SEPTEMBER 14, 1993)
Following discussion, the motion to approve the
subdivision agreement was made by Councilman Erickson,
seconded by Councilman Mlinar and unanimously carried.
9. NEW BUSINESS
(a) CONSIDERATION OF OFFICE OF WASTE MANAGEMENT COMPOSTING
GRANT
Administrator Plotz reported a matching composting grant
was available for a maximum of $10, 000. 00, designated for
educational programs for waste reduction. The match
would be 75 percent Minnesota Office of Waste Management
monies and 25 percent local monies. Mr. Plotz proposed
to use the City's allocation from the County for the
local match.
Following discussion, the motion to approve the grant
application was made by Councilman Torgerson, seconded by
Councilman Mlinar and unanimously carried.
(b) CONSIDERATION OF BID ON SHEPPARD HOUSE
Councilman Torgerson noted a $100,000.00 grant may be
available to refurbish the Sheppard house. A question
was raised regarding using a City employee to remodel the
house. Attorney Anderson will prepare a legal opinion on
the issue.
Following discussion, the motion to defer until informa-
tion is available on the grant was made by Councilman
Torgerson, seconded by Councilman Erickson and carried
unanimously.
(c) CONSIDERATION OF DEMOLITION OF SHEPPARD HOUSE
Following discussion, the motion to defer until informa-
tion is available on the grant was made by Councilman
Torgerson, seconded by Councilman Erickson and carried
unanimously.
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CITY COUNCIL MINUTES - OCTOBER 12, 1993
(d) CONSIDERATION OF DEMOLITION OF KLOCKMANN PROPERTY AT
830 ELM STREET
Following discussion, the motion to approve the contract
for $4,800.00 to Diamond 5 for demolition, with the
stipulation that the City Administrator issue the notice
to proceed, was made by Councilman Torgerson, seconded by
Councilman Mlinar and unanimously carried.
(e) CONSIDERATION OF HCDC BOARD RECOMMENDATION FOR
APPOINTMENT OF HCDC EXECUTIVE DIRECTOR DICK LENNES
Following discussion, the motion to approve the appoint-
ment of Dick Lennes as part-time Executive Director for
the HCDC, effective November 1, 1993, was made by Coun-
cilman Torgerson, seconded by Councilman Mlinar and unan-
imously carried.
The City Attorney will prepare a contract to employ Dick
Lennes as an independent contractor at $24,000.00 per
year.
There was discussion of adjusting the 1993 budget to
cover Mr. Lennes' employment for the months of November
and December 1993, for approximately $2,000.00 to
$2,400.00. The motion to approve contingency funds to
cover the difference for the 1993 salary was made by
Councilman Mlinar, seconded by Councilman Torgerson and
unanimously carried.
(f) CONSIDERATION OF WATER RATES
It was reported the water rate adjustment for large users
would be implemented over a two year period beginning
January 1, 1994, with a per quarter increase of 6 cents
per 1,000 gallons in 1994 and 9 cents per 1,000 gallons
in 1995. A complete rate review study is proposed for
1994 or early 1995, with implementation no later than
January 1, 1996. The following formula would be used:
P E R Q U A R T E R
(PER THOUSAND)
1994 1995
0 - 50,000 Gals. $1.10 $1.10
50,000 - 450,000 Gals. .90 .90
Over 500,000 Gals. .46 .55
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CITY COUNCIL MINUTES - OCTOBER 12, 1993
Following discussion, the motion to approve the rate
increase was made by Councilman Mlinar, seconded by
Councilman Torgerson and unanimously carried.
(g) CONSIDERATION OF POLICY AND PROCEDURES P150, P151, P191
AND P381 FOR POLICE DEPARTMENT
Following discussion, the motion to approve the policy
and procedures was made by Councilman Erickson, seconded
by Councilman Torgerson and unanimously carried.
(h) ITEM WITHDRAWN
(i) CONSIDERATION OF 1993 AUDIT PROPOSAL
Following discussion, the motion to approve the 1993 year
end audit proposal from Charles Bailly & Company, at a
not -to -exceed compensation of $18,700, was made by Coun-
cilman Torgerson, seconded by Councilman Erickson and
unanimously carried.
(j) CONSIDERATION OF PROPERTY ACQUISITION FOR 1994
IMPROVEMENT PROJECTS
Engineer Rodeberg presented a report on acquisition of
the following properties for 1994 improvement projects:
> Outlot at intersection of Lakewood Drive and South
Grade Road (Owner: Cedar Mills Rod and Gun Club)
> 14 foot wide parcel of property along east side of
Lakewood Drive (Owner: Adrey Johnson Estate)
> Triangular parcel at corner of Arch Street and future
Fifth Avenue SE river crossing (Owner: Bernie McRaith)
> Property west of South Grade Road (Owner: Loretta and
Darrel McDonald)
The motion to authorize retaining an appraiser for
appraisals on three parcels if no agreement was reached
on the property was made by Councilman Torgerson,
seconded by Councilman Erickson and unanimously carried.
Engineer Rodeberg noted the McDonald property had an
assessment of $18,400.00 (including interest) for a trunk
storm sewer on unbuildable wetland property. Also, the
City needs 1.6 acres of land for right-of-way to extend
McDonald Drive. It was his recommendation to negotiate
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CITY COUNCIL MINUTES - OCTOBER 12, 1993
an agreement with the McDonalds which would cancel the
deferred assessments along School Road in exchange for
the property.
Following discussion, the motion to approve preparation
of an agreement with McDonalds concerning the assessments
against the wetland property was made by Councilman
Torgerson, seconded by Councilman Erickson and unani-
mously carried.
(k) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 1, LETTING
NO. 2, PROJECT NO. 93-02 (SCHOOL ROAD)
Engineer Rodeberg reported Supplemental Agreement No. 1
covered unforeseen additional work on the project in the
amount of $28,591.28. This cost will be submitted to
State Aid for payment, and it should not increase the
City's cost. As a result of the additional work, the
project will be extended approximately one month from the
original completion date.
Following discussion, the motion to approve Supplemental
Agreement No. 1 was made by Councilman Erickson, seconded
by Councilman Torgerson and unanimously carried.
(1) CONSIDERATION OF CHANGE ORDER NO. 1, LETTING NO. 2,
PROJECT NO. 92-02 (GLEN/CEDAR/FRANKLIN/FIRST/SECOND)
Following discussion, the motion to approve change order
No. 1 in the amount of $53,130.10 was made by Councilman
Mlinar, seconded by Councilman Torgerson and unanimously
carried.
(m) CONSIDERATION OF COMPENSATION REVISION FOR MAYOR AND
COUNCIL MEMBERS
Following discussion, the motion to waive first reading
of Ordinance No. 93-94 and to set second reading for
October 26, 1993 was made by Councilman Erickson,
seconded by Councilman Torgerson and carried three to
one, with Councilman Mlinar voting nay.
(n) CONSIDERATION OF SETTING SPECIAL MEETING TO CANVASS
NOVEMBER 2, 1993 CITY ELECTION
Following discussion, the motion to set a special meeting
to canvass the City election at 7:30 A.M. on November 3,
1993, was made by Councilman Torgerson, seconded by
Councilman Erickson and unanimously carried.
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CITY COUNCIL MINUTES - OCTOBER 12, 1993
(o) CONSIDERATION OF PURCHASE OF ONE 1994 MID-SIZE PICKUP
TRUCK WITH SNOW PLOW FOR PARK DEPARTMENT
Following discussion, the motion to approve the net bid
from Plowman Ford of $14,884.18 with trade of 1983 S10
City vehicle with plow was made by Councilman Erickson,
seconded by Councilman Mlinar and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CHRIS BOATWRIGHT, AAGARD WEST
Chris Boatwright reported on the past year of refuse and
recycling service in Hutchinson. He expressed concern
with the poor mix of recycling material. Although
plastic is plentiful, there is little aluminum recycled.
(b) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Gary Plotz commented on a letter received
from Dr. Steve DeKoster regarding airport hangar policy.
Following discussion, the motion to refer the issue to
the Airport Commission was made by Councilman Torgerson,
seconded by Councilman Erickson and unanimously carried.
Mr. Plotz reported the County Board voted three to two to
build a household hazardous facility in Hutchinson.
It was noted by the City Administrator that Peace
Lutheran Church had submitted a letter of request for tax
increment financing in the amount of $125,000.00 for a
congregate housing project. It has the support of the
HRA with the use of funding ($397,500.00) from the
Minnesota Housing Finance Agency. A tax increment plan
is being prepared by a consultant hired by the HRA. The
HRA would like to hold a joint meeting with the Council
on October 26, 1993, at 6:30 P.M. to hear a presentation
by Dunbar.
Following discussion, the motion to set a workshop
meeting on October 26, 1993, at 6:30 P.M. with the HRA
was made by Councilman Mlinar, seconded by Councilman
Erickson and unanimously carried.
(c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR
Councilman Mlinar noted Roberta Tabberson's letter of
retirement, effective January 30, 1994, and moved to
approve the retirement under Option 2. Motion seconded
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CITY COUNCIL MINUTES - OCTOBER 12, 1993
by Councilman Erickson and unanimously carried.
(d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland stated there was a request for a street
light in the mid -block of Randall Road. The motion to
refer the request to the Utilities was made by Council-
man Mlinar, seconded by Councilman Torgerson and unani-
mously carried.
(e) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson reported the League Trust had appointed
Marshall and Associates as legal counsel to defend the
City in the second Junker litigation. He noted
depositions from the Council members and City
Administrator would be taken the last week in October.
The City Attorney stated he would contact the McLeod
Cooperative Power Association, but papers had been filed
for a lawsuit.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion to approve the claims and authorize payment
from the appropriate funds was made by Councilman
Torgerson, seconded by Councilman Mlinar and unanimously
carried.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 9:40
P.M.